IP Master Classes

Innovative Course Offerings

The Franklin Pierce Center for Intellectual Property IP Master Class Series brings notable judges, practitioners, and policymakers to campus to conduct intensive classes in IP specialty practice areas, with a particular focus on the latest developments in IP law and policy.

The America Invents Act (AIA) is the most significant reform of US patent law in over sixty years. It brings in its wake numerous procedural changes that will transform how patent attorneys approach their filing and litigation strategies, in addition to difficulties that are certain to arise due to the continuing application of the current patent law.

Case law from the US Court of Appeals for the Federal Circuit (CAFC), which has exclusive jurisdiction over patent cases emanating from all the district courts, already illustrate some of the issues that the AIA is likely to give rise to. Following the implementation of the AIA, the CAFC will have an even greater influence over the development of patent jurisprudence.

This course will examine some of the more significant changes under the AIA through the use of statutory interpretation and in-depth analysis of CAFC case precedents. It will complement the existing doctrinal patent law courses and develop students' awareness of the intricacies of patent practice as well as their skills in statutory analysis and case law interpretation.

Copyright and Trademark Litigation Strategies - fall 2014

As the commercial value of brands and creative works grow, effective enforcement of the intellectual property rights relating to those brands and creative works is becoming more important. At the same time, intellectual property litigation is becoming more expensive and complex, forcing transactional and litigation lawyers to develop better case assessment and dispute resolution techniques and strategies.

This course will provide students with a basic insight into the process of copyright and trademark litigation, from the inception of a case through its progress at various stages in federal court. Real-life documents, case law and examples will be used to enable students to analyze copyright and trademark enforcement problems, with a view toward developing the skills necessary to counsel clients through the litigation process.

IP Enforcement at the International Trade Commission - fall 2014

This course examines the role of the International Trade Commission (ITC) in investigating allegations of unfair trade practices relating to intellectual property rights. While up to 90% of the ITC's cases revolve around patents, the ITC also investigates cases relating to copyright, trademark and trade secret violations.

The focus of this course will be on Section 337 of the Tariff Act of 1930, which establishes the ITC's jurisdiction, and will cover all aspects of litigation at the ITC, from the institution of an investigation under Section 337 to available remedies. The course will also review recent ITC decisions and appeals from the ITC to the Federal Circuit.

Current Issues in Copyright Practice - spring 2014

The U.S. Copyright Office recently released an ambitious twenty-four month plan to address a variety of policy and administrative practice issues currently facing the copyright community. The various issues and initiatives set forth by the Office, which range from short-term legislative and rulemaking projects to long-term policy discussions that will shape the future of copyright law, have received significant attention among copyright practitioners, the academy, and Congress.

This course provides students with an overview of these issues, the various efforts underway to address them, and the role of the Copyright Office and other stakeholders in shaping solutions.

The Leahy-Smith America Invents Act (AIA) created new proceedings for challenging the validity of patents at the USPTO and did away with inter partes reexamination. These new proceedings include inter partes review, post grant review, and covered business method proceedings.

The course now focuses on basic strategy considerations, procedure and practice tips for these new proceedings as well as for ex parte reexamination. Since a large number of inter partes reexaminations are still pending before the USPTO, that proceeding will also be briefly covered.